Construction Site Falling Objects: Serious Injury or Death Risk
Experienced New York City construction accident attorneys deliver results
Construction projects typically involve a number of parties, including the employer, contractor, subcontractor, and the construction workers. When an accident occurs, such as a falling object, and someone sustains injury, extensive finger-pointing can ensue as the parties involved seek to lay blame for the accident. The experienced NYC construction accident attorneys at Lipsig, Shapey, Manus & Moverman P.C. protect the rights of the injured, advocating on your behalf, and fighting aggressively for the compensation you deserve for your injuries and lost wages.
OSHA establishes safety standards for all American workers
The Occupational Safety and Health Administration (OSHA), a division of the United States Department of Labor, sets forth guidelines to ensure the safety of American workers, including establishing safety measures to prevent falling objects. OSHA guidelines provide for securing loose items that are aloft, and require that all materials, tools, and equipment that is not in use while aloft, should be secured to protect against accidental displacement . OSHA guidelines also provide for protection from falling objects other than the materials that are being hoisted. Safety precautions require that the contractor in charge prohibit other construction processes below a steel erection unless overhead protection for any employees located below is provided.
Falling objects at construction sites
Construction sites are busy places. When a construction site is located in a place like New York City, the construction activity is right next to the hustle and bustle of pedestrians, bikers, taxis, and cars all going about their day-to-day business. It is not uncommon for passersby to not recognize that construction is underway and to be unaware that they are at risk if they are in close proximity. This situation poses even greater risk of injury to both construction workers and others nearby.
Falling objects at construction sites – which can result in serious injury — are often the result of common mistakes , including:
- Insufficient barricades : pedestrians must be kept at a safe distance from a construction site to prevent injuries from falling objects, and should be prohibited from entering zones where debris may fall. Individuals within range of any falling debris should wear a hard hat.
- Insufficient signage : All construction site access points should feature clearly visible signs that instruct everyone on the construction site to wear a hard hat.
- Failure to inspect equipment: When hooks, cords and other devices used to secure objects to hoists, cranes, and other objects became old and weak, there is greater risk of debris falling. Inspect these devices regularly for signs of wear and tear. Equipment that shows any imperfections or signs of weakness should be replaced immediately.
- Failure to secure tools and other equipment: tools are often moved around a construction site, as they are used by different workers for various functions. Oftentimes, they are left unsecured, which leads to falling objects. Whenever workers are working in an area where people may be walking below, all tools should be secured to prevent the tools from falling.
Workers are protected from injury under New York’s labor laws
New York labor laws were designed to protect workers from suffering injuries at the workplace while carrying out the duties of their job. New York’s labor laws include the following provisions:
- Labor Law Section 200 : requires that both owners and contractors maintain a safe workplace and follow all safety measures which are designed to protect workers
- Labor Law Section 240: this provision is commonly known as the “scaffold law”. Section 240 provides protection for workers if they sustain injury in a high fall or if they are struck and injured by a falling object
- Section 241: provides that specific safety precautions must be implemented at the workplace, and that work sites must make available certain safety equipment to ensure the safety of the workers
Injured workers can obtain compensatory damages in personal injury cases
In a personal injury claim, the injured victim files a claim seeking what is known as “compensatory damages” for their injuries. Compensatory damages may include medical bills that are the result of the accident and injury, lost wages due to time away from work, lost earned sick time, and lost vacation time. All of these are measurable losses and the value is easily calculated. Other damages, including the victim’s pain and suffering, are considered immeasurable losses and, as such, the value of these losses must be estimated.
Our skilled construction accident attorneys recovered $1.8 million for our client who was struck by a falling object
At Lipsig, Shapey, Manus & Moverman P.C. in New York City, our dedicated construction accident attorneys are passionate about recovering just compensation for our clients who have been injured at work due to another person or entity’s negligence. We have a track record of successfully recovering multimillion dollar verdicts and settlements for our clients, including for our client who was injured when he was struck by a falling object. Specifically, our client, a construction worker, suffered serious injuries to both his shoulders and his back when he was struck by a falling bucket while performing his job. Subsequent medical treatment required numerous surgeries. Our skilled construction accident attorneys who are experienced in handling falling object accident cases, recovered $1.8 million for our client.
Don’t wait – Recover the compensation you deserve by contacting our leading NYC injury lawyers today
If you or a loved one has been struck by a falling object and sustained injury, you deserve to recover the maximum compensation permitted under the law. Whether you are a construction worker who was struck by a falling object at a construction site, or a pedestrian who was struck by a falling object while merely passing by a construction zone, the experienced accident attorneys at Lipsig, Shapey, Manus & Moverman P.C. in New York City are here to help. Our knowledgeable team has more than 80 years of combined experience advocating on behalf of injured victims, with a track record of successfully securing the maximum compensation allowed under the law, including several multi-million-dollar verdicts and settlements. Our attorneys work on a contingency basis, which means you pay nothing until our team successfully wins your case. We are here to answer your questions and discuss your legal options; contact our office at 212-285-3300 or 917-268-6710 or contact us online to arrange for a complimentary confidential consultation to discuss your case.